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44o`V A-2020-252
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<br />WOF "PROCEED
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<br />SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
<br />This Settlement Agreement and Release of Claims ("Settlement Agreement") is made by
<br />and between the City of Santa Ana, a charter city and municipal corporation duly organized
<br />under the Constitution and laws of the State of California ("City"), and Awans Enterprises, Inc.
<br />("Awans"). The City and Awans shall collectively be referred to as the "Parties." The effective
<br />date of this Settlement Agreement is the date last executed.
<br />RECITALS
<br />WHEREAS, on May 24, 2019, Awans filed an inverse condemnation action entitled
<br />Awans Enterprises, Inc. e City of Santa Ana, Orange County Superior Court Case No. 30-2019-
<br />01072509- CU-EI-CXC ("Action"). The City filed its Answer on July 29, 2019.
<br />WHEREAS, prior to the filing of the Action, the City was engaged in the Warner Avenue
<br />Street Widening Project in the City of Santa Ana, California in order to widen and improve a
<br />portion of Warner Avenue ("Project"). As part of the Project, the City acquired a fee interest in
<br />the real property at 2245 South Main Street on which Awans, as lessee of the prior owner,
<br />previously operated an ARCO-branded gas station, smog testing service, and a convenience store
<br />("Property").
<br />WHEREAS, by the Action, Awans alleges that the City's acquisition of the Property
<br />caused Awans's displacement from the Property, thereby resulting in a loss of business goodwill,
<br />among other claims.
<br />WHEREAS, the Parties desire to settle all present, past and future controversies, claims,
<br />causes of action or purported causes of action, defenses, and disputes, both real and potential, the
<br />Parties may have with respect to the Property, the Project, and the Action.
<br />AGREEMENT
<br />NOW, THEREFORE, in consideration of the mutual promises and mutual covenants set
<br />forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
<br />follows:
<br />1. RECITALS
<br />The Recitals are incorporated into and are made a part of this Settlement Agreement. The
<br />purpose of this Settlement Agreement is to settle all claims, including without limitation
<br />increased compensation, fees, interest, costs, goodwill benefits, fixtures and equipment, pre -
<br />condemnation damages, claims for inverse condemnation, and relocation costs to which Awans
<br />may be entitled as against the City or any other entity or person named in the Action.
<br />2. COMPENSATION.
<br />(a) City shall pay Awans the total sum of $1,800,000 (the "Settlement Amount")
<br />within 30 days of Plaintiffs execution of this Settlement Agreement. Payment shall be made by
<br />wire transfer payable to Palmieri, Hennessey & Leifer, LLP, wire instructions as follows:
<br />ACCOUNT NAME: PALMTERI, HENNESSEY & LEIFER, LLP
<br />SWIFT CODE:
<br />
<br />ROUTING No.:
<br />
<br />ACCOUNT No.:
<br />
<br />BANK:
<br />CHASE BANK
<br />ADDRESS:
<br />17585-A HARVARD AVE, IRVINE, CA 92614 USA.
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